As an institution of higher education, it is important that Schoolcraft College foster an environment that is free of gender-based and sexual misconduct, and that the College set an example as a place where people treat each other with consideration and respect. This guide is provided to educate the campus community about what types of behaviors constitute gender-based or sexual misconduct. Sexual misconduct, including sexual harassment, sexual exploitation, and sexual assault, will not be tolerated at Schoolcraft College. Schoolcraft Policy 1080 and Procedure 1080.1 addresses discrimination, harassment, and bullying and Procedure 1080.2 specifically forbids sexual misconduct. Links to College Policy and Procedures are provided below.

If you or someone you know may be the victim of any form of sexual misconduct, you are strongly urged to seek immediate assistance. Assistance can be obtained 24 hours a day, seven days a week, from:

Police (911)

Schoolcraft Campus Security Police (734-462-4424)

During business hours (8am-5pm) Monday through Friday, you are also strongly urged to contact the Vice President of Student Services at (734) 462-4577.

Also, reporting the incident via the College’s online incident reporting system automatically notifies both the Campus Security Police and the Vice President of Student Services.

What is sexual harassment?

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature that interfere with a student’s right to get an education or to participate in school activities. Sexual harassment is:

a violation of laws that protect both male and female students and employees from harassment by members of the same or opposite sex.

There are three types of sexual harassment.

Hostile environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent, and patently/objectively offensive that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint.

Quid pro quo sexual harassment exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature, and when submission to or rejection of such conduct results in adverse educational or employment action.

Retaliatory harassment is any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct.

Some examples of conduct which, if unwelcome, could constitute sexual harassment include:

Physical

Purposely bumping or hurting someone because of their sex, sexual orientation or gender

Pulling up, snapping, pulling down or grabbing another's clothing

Standing in someone's way, standing too close or staring at or stalking someone

Suggestive gestures

Verbal

Pestering for dates

Making comments about a person's body, body parts or rating people's bodies

Making obscene gestures or suggestive body movements that are sexual in nature

How can I tell if it is really sexual harassment?

It’s probably sexual harassment if the person:

Often makes sexual comments, jokes, or insults

Constantly stares at your body

Keeps pressuring you for dates

Regularly sends you unwelcome or offensive sexual messages

Frequently brushes against you

Continues the unwelcome behavior even after you have told him/her to stop

It’s probably NOT sexual harassment if the person:

Makes an isolated sexual comment, joke, insult or put-down

Asks for a date and accepts it when you say “No”

Glances at you as you walk past

Accidentally bumps into you

What is sexual exploitation?

Sexual exploitation occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit. Examples of sexual exploitation include, but are not limited to:

Prostituting another student

Non-consensual video or audio-taping of sexual activity

Going beyond the boundaries of consent

Engaging in behavior as a “peeping Tom”

Knowingly transmitting an STD or HIV to another student

This policy applies regardless of the sexual orientation or preference of individuals engaging in sexual activity.

What is sexual assault?

Sexual assault is defined as sexual contact against the will of the victim or without consent. Sexual assault may include the following forms of contact:

Rape, which is sexual intercourse that is perpetrated against the will of the victim or without the victim’s consent

Intentional touching, either of the victim or when the victim is forced to touch directly or through clothing, another person’s genitals, breasts, groin, or buttocks

Attempted rape

Sodomy (oral sex or anal intercourse)

Sexual penetration with an object

What is consent?

Consent is defined as permission to act. It may be given by words or actions, so long as those words or actions create clear, mutually understood permission to engage in (and the conditions of) sexual activity. Consent must meet all of the following standards:

Active, not passive. Silence, in and of itself, cannot be interpreted as consent. There is no requirement that an individual resist a sexual act or advance, but resistance is a clear demonstration of not consenting.

Given freely. A person cannot give consent under force, threats, or unreasonable pressure (coercion). Coercion includes continued pressure after an individual has made it clear that s/he does not want to engage in the behavior.

A person under the legal age to consent (16 years old in Michigan), or

An individual who is known to be (or based on the circumstances should reasonably be known to be) mentally or physically incapacitated. An incapacitated person is someone who cannot make rational, reasonable decisions because s/he lacks the capacity to understand the “who, what, when, where, why and how” of a sexual interaction. This includes a person whose incapacity results from mental disability, sleep, involuntary physical restraint, unconsciousness, use of alcohol or other drugs.

Specific. Permission to engage in one form of sexual activity does not imply permission for another activity. In addition, previous relationships or prior consent do not imply consent to future sexual acts. It is the responsibility of the initiator of the act to receive permission for the specific act. As a result, consent may be requested and given several times by multiple parties during a sexual encounter involving multiple acts.

Other Gender-Based Misconduct

Physical harm, extreme verbal abuse, or other conduct that threatens the health and safety of any person on the basis of actual, expressed, or perceived gender identity, including:

Discrimination: actions that deprive others of access, benefits, or opportunities based on irrelevant criteria

Hazing: acts likely to cause physical or psychological harm or social exclusion or humiliation

Intimate Relationship Violence: violence between those in a sexual and/or comparably personal and private relationship

Stalking: repetitive and/or menacing pursuit, following, harassment, or other interference with the peace and/or safety of another person or that of his or her immediate family members.

(This information is adapted from the ATIXA Gender-Based and Sexual Misconduct Policy by the National Center for Higher Education Risk Management (NCHERM) and the Association of Title IX Administrators (ATIXA), 2011).

What should I do if I am being harassed?

Don’t ignore it. Take action. Tell the harasser that the actions, comments, or advances are unwanted, unwelcome, and you want them to stop. If you have been the victim of sexual misconduct, you are urged to report it. A victim’s first priority should be to go to a place of safety. If you have been sexually assaulted, do not change clothes, bathe, shower, or use the bathroom. It’s understandable that you may want to cleanse yourself, but first think about reporting the assault. Talking with someone you trust will help you begin healing, and will let people in your life know how to help you. The following chart outlines the three paths you may follow in seeking help. No path is exclusive: you may follow all three paths, or just one.

Obtaining Support

Choose this path to focus on emotional and physical healing related to your experience. Talking to one of the resource persons below does not constitute reporting sexual misconduct. However, support persons can help you explore options in case you choose to pursue judicial or criminal complaints.
Medical help is important to 1) make sure that you are physically okay, 2) preserve evidence in the event that you want to report the crime, and 3) protect you from the possibility of sexually transmitted infections and pregnancy. It is ideal to get medical care immediately following a sexual assault.

Reporting sexual misconduct to the college

Choose this path when you want to formally report sexual misconduct, in order to seek judicial action. Along this path, you may file a complaint alleging a violation of the sexual misconduct policy, and seek informal or formal grievance procedures.

The following officials are authorized to receive reports of sexual misconduct:

Vice President of Student Services 734-462-4577 (Students)

Executive Director of Human Resources 734-462-4408 (Employees)

Campus Security Police Officers 734-462-4424

Prompt reporting is crucial to help ensure full investigation of complaints. You can also report the incident using the College’s online incident reporting system. This system notifies both the Campus Security Police and the Vice President of Student Services.

Reporting sexual misconduct to the police

Choose this path if you wish to report an assault and possibly pursue criminal prosecution. Any of the Schoolcraft staff members indicated on this chart can help you in arranging initial contact between you and the police. Once you report a crime to the police, however, the College has no control over the investigative and legal process that may result.

Livonia police: 734-466-2470
Garden City police: 734-793-1700

You may choose to call Campus Security Police at 734-462-4424 for help in securing a crime scene, contacting necessary law enforcement, and/or contacting emergency medical aid. Calling Campus Security Police will involve further contact with a College administrator representing Student Services.

If you are a target, you may fear taking action. You may think people won’t believe you or may blame you. Remember, sexual harassment is not your fault. There are many who will support you. Questions about definitions, confusion about specific incidents, or anything related to sexual harassment can be discussed with individuals on campus who have been trained to help.

What happens if I report sexual misconduct?

Schoolcraft College will take immediate and appropriate action in response to reports of sexual misconduct. Filing a report with the Campus Security Police will not obligate you to prosecute, nor will it subject you to scrutiny or judgmental opinions from officers. It will provide the opportunity for collection of evidence helpful to the investigation.

The College will make every effort to take immediate steps to end the sexual misconduct, prevent its recurrence, and address its effects. In addition, the College will take steps to protect you, the victim.

Offenders who violate the College’s policies on sexual misconduct will be subject to disciplinary action and/or criminal prosecution. Disciplinary proceedings may result in sanctions including expulsion. In any on-campus disciplinary proceeding, both the accused and the accuser may have others present during the hearing. Both parties will be informed of the outcome of the proceedings.
When requested, Student Services will assist victims of an alleged sexual assault in changing his or her academic situation. College personnel will assist victims in notifying local law enforcement authorities if you request such assistance.

Campus No-Contact Order’s

A campus no-contact order is a directive issued by a campus authority that prevents contact between parties or from one party to another. Such an order may be issued through the formal reporting process (i.e. Student Conduct or Human Resources) or under the direction of the Title IX Coordinator. This may apply to communications in-person, online, and other forms of contact, both on- and off-campus. It is important to note that this is different than a civil order, which is issued by a court. Campus no-contact orders may be issued as a sanction or outcome, and may also be issued on an interim basis while an incident is under investigation or adjudication. Individuals should be aware that the burden of proof for a campus no-contact order is often less than that required for a court issued order, and the consequences for violating it are also limited to action that can be taken by the College, such as an additional student conduct charge of failure to comply with a College official.

Title IX Compliance

As the College is concerned about discrimination based on gender or sex, the Title IX Coordinators oversee the College’s investigation and response to these kinds of situations. Students who wish to report a concern or complaint relating to discrimination or harassment may do so by reporting the concern online at www.schoolcraft.edu/sccares or in person or by phone to:

Questions?

Please contact the Director of Student Relations at (734) 462-4671 for the most recent version of this guide, as well as to inquire with questions about this document, or any other questions pertaining to sexual misconduct or gender-based harassment.